Dr Madan Gopal Bhattar vs State Of Raj And Anr on 27 May, 2025

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Mr. Archit Bohra, AGC

HON’BLE MR. JUSTICE MUKESH RAJPUROHIT
Judgment

Reserved on:- 16/05/2025
Pronounced on:- 27/05/2025

1. The instant petition for writ under Article 226 of the

Constitution of India has been preferred by the petitioner

laying challenge to the Order dated 07.06.2002 (Annx.9)

imposing punishment of stoppage of two annual grade

increments with cumulative effect as well as Order dated

05.07.2002 (Annx.10) rejecting the review petition filed by

him with a further prayer to direct the respondents to sanction

leave to him for the period for which he had already submitted

leave application.

2. The case set up by the petitioner in the writ petition is

that while he was posted as Medical Officer at Primary Health

[2025:RJ-JP:21834] (2 of 10) [CW-1454/2004]

Centre, Kalu, District Bikaner, he applied for Privilege Leave

for the period 27.04.1998 to 26.05.1998 on 06.04.1998

before the CM & HO, Bikaner. In the meantime, on account of

critical condition of his grand-mother, the petitioner gave leave

application to Shri Rewat Ram, Class-IV Employee of PHC Kalu

and proceeded from Kalu to Nokha in the night of 08.04.1998

as he received a call between 10.30 p.m. to 11.30 p.m.

informing him about serious condition of his grand-mother.

Thereafter, he went to Madras for check-up of his grand-

mother. As per the petitioner, the application for leave from

27.04.1998 to 26.05.1998 was never refused by the CM & HO.

Thereafter he submitted another application on 27.05.1998

seeking extension of leave upto 15.06.1998 on the ground of

his suffering from Vertigo. Meanwhile, the CM & HO, Bikaner

issued the Order dated 25.05.1998 placing him under awaiting

posting order with a direction to report in the office of

Director, Medical & Health. The petitioner reported on duty in

the office of Director, Medical & Health on 16.06.1998 and

continued to remain on duty till 06.07.1998. The Director,

Medical & Health issued the Order dated 06.07.1998, vide

which the petitioner was posted at Primary Health Centre,

Bambloo, District Bikaner. The petitioner again moved leave

application along with sick certificate before CM & HO, Bikaner

on 07.07.1998 seeking to grant medical leave from

07.07.1998 to 31.07.1998 on the ground of suffering from

vertigo. Thereafter, the petitioner moved applications on

01.08.1998, 20.08.1998 and 10.09.1998 seeking to extend

[2025:RJ-JP:21834] (3 of 10) [CW-1454/2004]

his leave upto 19.08.1998, 09.09.1998 and 25.09.1998,

respectively, on the ground of ailment of his grand-mother.

The petitioner was transferred to PBM, Hospital, Bikaner vide

Order dated 18.09.1998 and he joined the duty on 26.09.1998

and since then, he was continuously discharging his duties at

PBM Hospital, Bikaner. He was served with a charge-sheet on

29.04.1999, wherein the charge levelled against him was that

he remained absent from duty and avoided the orders of the

higher authorities. The petitioner submitted reply to the

charge-sheet along with documents. The respondents vide

Order dated 19.12.2000 appointed Additional Commissioner

(First), Department of Inquiries as Enquiry Officer to conduct

enquiry into the charge levelled against him. After conducting

the enquiry, the Enquiry Officer submitted its Enquiry Report

on 29.01.2002 concluding that he was not willfully absent

from duty and recommended to drop departmental enquiry

proceedings against him. The disciplinary authority

communicated its disagreement with the findings of the

Enquiry Officer on 15.04.2002 and the petitioner was asked to

submit his representation, which he submitted on 29.04.2002.

After examining the matter, the disciplinary authority passed

the order dated 07.06.2002 imposing punishment of stoppage

of two annual grade increments against him. The petitioner

preferred the review petition, which was rejected on

05.07.2002. Hence, this writ petition.



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